Opinion
December 1, 1997
Appeal from the Supreme Court, Kings County (Harkavy, J.).
Ordered that the cross appeal is dismissed as abandoned; and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the nonparty respondent Ralph E. Gansell is awarded one bill of costs.
Contrary to the plaintiff's contention, considering the financial circumstances of the parties and the circumstances of the case as a whole, the Supreme Court did not improvidently exercise its discretion in directing him to pay a portion of the defendant's counsel fees ( see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 881; Matter of O'Neil v. O'Neil, 193 A.D.2d 16; Hirsch v. Hirsch, 142 A.D.2d 138, 146).
Copertino, J. P., Sullivan, Pizzuto and Lerner, JJ., concur.